Claim Form - Help required with defence. .

Wizwacks

He provided the website for DCBL
it was DCBL + LTD ending in com. 

Is it worth sending DCBL legal the same without prejudice letter I sent over to Harry? 

Coupon-mad

Yes, forward it to DCBLegal.  You know they are running the case as their details are on the claim form.

Wizwacks

Got a reply from DCB legal to my offer ( without prejudice ) 

We write in response to your email dated __rd September 2021 and note the contents therein.

 

WITHOUT PREJUDICE

 

As previously mentioned, the signs clearly state all vehicle parking on site must be pre-authorised, all users must purchase a pay and display ticket, no waiting or idling is permitted on site. As your vehicle was not pre-authorised. This is a breach of the terms and conditions of the parking. The Parking Charge Notice was issued correctly.

 

DCB Legal Ltd note the offer of £ you have put forward to settle the matter. Our Client would not be agreeable to this offer as a claim has now been issued. Full payment of £2__.__in order to conclude the matter.

 

As previously stated, if you are unsure of your position, you may seek your own independent legal advice. 

Payment can be made via bank transfer to our designated client account:-  

   

Coupon-mad

May as well carry on then.  No incentive to settle this at all.

Wizwacks

How long do you have to wait before you hear from the Courts? My defence was received on the 14th of last month, but still no news? Is there anything I can do in the mean time? Thanks

Jenni_D

I take your MCOL history shows it as having been received?

The claimant has 28 days (I think) within which to review the defence and then decide whether or not to pay the hearing fee and proceed. What you don't know is when they received your defence from the CCBC - you can't assume it was within a few days of when you filed it.

Wizwacks

Thanks.

I assumed the claimant would play ball and negotiate some kind of settlement, or they did not like the settlement offer I sent over. 

Wizwacks

How long do these cases last, is there no time frame for the CCBC to send over my defence?  Still not heard anything from anyone

Jenni_D

It takes as long as it takes. Maybe call the CCBC and ask if your defence has been sent to the Claimant? And if yes - when?

If it's well over 28 days since confirmed sending to the C then you could request the claim to be stayed or even struck ... but wait for advice from others on this point as I don't really know what is feasible.

KeithP

You confirmed earlier that the CCBC has received your Defence and your MCOL Claim History confirms that.

Following that, the CCBC sent you a letter, or will send you a letter, saying the Claimant had twenty eight days to consider your Defence.

What you don't know is when the CCBC sent a copy of your Defence to the Claimant. 

It follows from that that it is not known when the Claimant has to respond to the CCBC. 

Further, we don't know what delays there are in the CCBC that means they don't send you a DQ as promptly as you might like.

Can I suggest that you keep checking your MCOL Claim History and as soon as you see that the CCBC has sent a DQ to you, you are ready to download a DQ, complete it and fire it back to the CCBC, remembering to send a copy to the Claimant of course.